No. 76-879.

434 U.S. 374 (1978)


Supreme Court of United States.

Decided January 18, 1978.

Attorney(s) appearing for the Case

Ward L. Johnson, Jr., Assistant Attorney General of Wisconsin, argued the cause for appellant. With him on the briefs were Bronson C. La Follette, Attorney General, Robert P. Russell, and John R. Devitt.

Robert H. Blondis argued the cause and filed briefs for appellee.*

MR. JUSTICE MARSHALL delivered the opinion of the Court.

At issue in this case is the constitutionality of a Wisconsin statute, Wis. Stat. §§ 245.10 (1), (4), (5) (1973), which provides that members of a certain class of Wisconsin residents may not marry, within the State or elsewhere, without first obtaining a court order granting permission to marry. The class is defined by the statute to include any "Wisconsin resident having minor issue not in his custody...

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